GENERAL RULE: - A complaint or information is sufficient if it appears from the allegation that the offense was committed or some of its essential ingredients occurred at some place, within the territorial jurisdiction of the court.

EXCEPTION: - When the place of commission is an essential element of the offense, the place of commission must be alleged with particularity e.g. trespass to dwelling, destructive arson, robbery in an inhabited house.

PURPOSE: To show territorial jurisdiction of the court.

May conviction be had even if it appears that the crime wascommitted not at the place alleged in the information? - Yes, provided the place of actual commission was within the jurisdiction of the court.

- UNLESS: the particular place of commission is an essential element of the offense charged.

Section 11. Date of commission of the offense

What is the determinative factor in the resolution of thequestion involving a variance between the allegation and proofin respect of the date of the crime? The element of surpriseon the part of the accused and his inability to defend himselfproperly

People v. Elpedes, G.R. No. 137106-07 (2001) - The remedy against an indictment that fails to allege the time of commission of the offense with sufficient definiteness is a motion for bill of particulars (Rule 116 10). The failure to move or specification or the quashal of the information on any of the grounds provided for in the Rules deprives the accused of the right to object to evidence which could be lawfully introduced and admitted under an information of more or less general terms but which sufficiently charges the accused with a definite crime. Besides, the exact date of the commission of the crime is not an essential element of the crime.

People v. Baniguid, GR No. 137714 (2000) - Death penalty is imposed for the crime of rape if the “victim is under 18 years of age and the offender is a parent of the victim.” For this purpose, the special qualifying circumstances of the victim’s minority and her relationship with the offender must be alleged and proved. The information must state the exact age of the victim at the time of the commission of the crime.

People v. De Villa, G.R. No. 124639 (2001) - Under the amendatory provisions of RA 7659 Sec.11, the attendance of facts that would mandate the imposition of the single indivisible penalty of death are in the nature of qualifying circumstances which should be alleged in the information and proved at the trial. The New Rules of Criminal Procedure which took effect on Dec. 1, 2000, now specifically require that both qualifying and aggravating circumstances to be alleged in the information.